Hemp CBD and current Idaho statute

In order to have an educated discussion on the CBD issue, all Idahoans should familiarize themselves with IC Title 37, the fact that we adopted the Federal Uniform Controlled Substances Act into Idaho Code in its entirety, and also the Hemp Decision of the 9th Circuit Court of Appeals.


What is the current law regarding CBD in Idaho? 

Title 37-2732 of Idaho Code defines marijuana as "any part of any plant of the genus cannabis which contains any amount of THC." This exemption protects products made from hemp and shipped into ID.  Hemp is produced from the stalk of the cannabis sativa plant.  CBD is derived from industrial hemp and contains naturally occurring THC of .3% or less. 

When applied to hemp how does Title 37 hold up in court? 

U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. Idaho is in the 9th Circuit.
Because Idaho has adopted the Federal Uniform Controlled Substances Act in its entirety into Idaho Code, we are subject to the decisions of our Circuit Court in issues pertaining to those rules.

This is why the "Hemp Decision" is relevant. This is what makes it possible right now for retailers to carry hemp products. If we pass the current CBD bill H 577 as it is written, our Code will contradict itself (because of the exemption in Title 37) and the Circuit Court decision.

How will H577 effect what is currently legal here in Idaho?

H577 requires a doctors note in order to purchase any products with CBD containing less than .3% THC.  Since .3% or less THC is naturally occurring in hemp products this could limit ability to purchase for Idaho citizens. See John Green public testimony regarding this point. 

What if my hemp products say THC free?

These interchangeable terms, “THC free”, “Contains trace amounts of THC”, “non detectable” or “negligible levels” all means that the product contains .3% or less THC. THC is difficult to measure after a product is made as it is measured in dry weight before hand.  You will find products at our local stores do contain trace amounts (meaning under.3% THC) sold at our local stores because it is currently legal.  

How can we protect access to products made from hemp CBD with naturally occurring THC from regulation while expanding access to products containing other sources of CBD for Idaho citizens?

Attorney John Green has provided one idea for the Idaho legislature to consider.  This bill protects what is already legal while expanding access to those who need it the most. 


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